Chapter 1General Provisions
Section § 1200
Hearsay evidence is any statement made outside of court that's used to prove something true during a trial. Generally, this type of evidence isn't allowed unless a law specifically permits it. This rule is commonly referred to as the hearsay rule.
Section § 1201
In simple terms, this section says that a statement won't be excluded just because it's hearsay if each part of it fits within a hearsay exception. Basically, even if it's hearsay, it's okay as long as it meets the exceptions.
Section § 1202
This section of the law says that if someone makes a statement as evidence, and then makes another statement that contradicts it, this latter statement can still be used to challenge the person's credibility, even if they didn't have a chance or weren't available to explain the contradiction. Additionally, any other evidence meant to support or question this person's credibility can be allowed, as long as it would have been allowed if they had actually been a witness in the hearing. For this purpose, people who give depositions are treated as if their statements are hearsay.
Section § 1203
This statute explains that if a hearsay statement is admitted in court, the person who made the statement (the declarant) can be questioned by the opposing party as if they were being cross-examined.
However, this doesn't apply if the declarant is a party involved in the lawsuit, someone identified with a party, or if they've already testified on the subject in the case.
Also, the rule doesn't apply to statements covered by certain other specific legal articles.
Lastly, even if the person who made the hearsay statement cannot be questioned, it doesn't automatically make the statement inadmissible.
Section § 1203.1
This section explains that hearsay evidence rules do not apply during preliminary hearings in specific situations, as governed by another section of the Penal Code.
Section § 1204
This law section explains that in a criminal case, a statement that qualifies as hearsay and would typically be allowed cannot be used against the defendant if it was made in circumstances where it would violate their constitutional rights under either the U.S. or California Constitutions.
Section § 1205
This section clarifies that the current rules on hearsay evidence do not override or cancel out any existing laws about hearsay evidence. It means that other hearsay-related laws are still in effect.